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LETTER 

, OP 

J. R. COCKERILL, OF OHIO, 

A REPRESENTATIVE IN CONGRESS, 




TO 



HIS COlSrSTITXJENTS. 



To the Democracy of the Sixth Congressional District of 
Ohio^ composed of the Goimties of Adams ^ Brown^ Oler- 
mont^ and Highland. 

Fellow-Citizens : An act having recently passed the Congress of the United 
States, for the conditional admission of the Territory of Kansas, as a State, 
into the Union, and as a deep interest has long been felt by the people of the 
whole country in Kansas atFairs, I deem it but proper, as a representative of 
the people, to assign to those whose servant I am, the reasons that have 
governed me in my action upon this agitating question. The history of Kan- 
sas, for the last four years, is a history that reflects no great credit upon 
* . republican institutions ; for that Territory has been the scene of continual in- 
ternal strife, originating outside of, and far distant from the Territory. 
''[ The Kansas question has entered everywhere into politics, and has entirely 
overshadowed all other questions, both of a State and national character; and 
especially in the Northern States has it been the hinge upon which all elections 
have recently turned. The executive, legislative, judicial, and ministerial offices 
of the State governments have been filled without regard to any other quali- 
fications than opinions upon political questions relative to Kansas. State 
affairs have been almost entirely neglected, to the great prejudice of the people, 
whilst the stump, and the press,- have, in a great measure, resounded with but 
little else than matters pertaining to this distant Territory, and in which the 
people have, in fact, but little interest. Fellow-citizens, it was full time that 
some disposition was made of this agitating question, and Congress having 
passed an act on the subject, for which I voted, and as I am willing to be ad- 
judged before the Democracy for that vote, under the circumstances of the 
case, I desire to discuss briefly the question. . 

In 1855, when but a few thousand inhabitants resided in the Territory of 
Kansas, the Topeka constitution, without authority of law, and against all law, 
was sent to Congress, and the united Republican party endeavored to bring the 
Territory into the Union under this constitution, but it was defeated in the 
Senate. The Democratic Senate, in 1856, prior to the Presidential election, 
passed a bill called the Toombs' pacification bill for the purpose of enabling 
the people of Kansas to elect ai. convention, and form a constitution and State 



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government, but this bill was defeated by the Eepublican House of Representa- 
tives . refusing to taJfe action upon it. Thus things stood in the autumn of 
l856,^-\yhcn Mr. Buchanan was triumphantly elected President by the Demo- 
'Xiratic party, the election turning in the Northern States alone upon the politi- 
cal views of Democrats and Republicans upon the territorial question. 

The Legislature of the Territory of Kansas passed, in February, 1857, an act 
authorizing an election for delegates to form a constitution and State govern- 
ment, and to ask admission into the Union ; the people of Kansas having pre- 
viously, in October, 1856, by a vote at the ballot-box, decided in favor of call- 
ing a convention to form a constitution. 

The election of the delegates was held in June last; and Governor "Walker, Sec- 
retary Stanton, and the Democratic speakers, and press of tlie country, appealed 
to the people to exercise the right of sutfrage by participating in the election of 
delegates to said convention; but the Republican stumpers and the Republican 
press, (with perhaps one exception, the National Era,) appealed to their friends to 
decline the exercise of the right of suffrage, to suffer the election on their part to 
go by default, and to add fuel to the already fierce fires of sectionalitm, and, most 
unfortunately for the peace of the country. Republican tactics prevailed, and but 
a small vote was polled, and a determination was manifested to continue the- 
agitation of this Kansas question. A convention thus called, and thus elected, 
formed on the Vtli day of November last the Lccompton constitution; but did 
not submit the whole constitution to the ratification or rejection of the people. 
Two elections have been held in reference to this instrument with different re- 
sults; the first giving some thousands majority in its favor, and the last giving 
nearly twice as many majority against it. 

This constitution was sent to Congress with the request for admission as a 
State into the Union, and a bill passed the Senate for the unconditional ad- 
mission of the State, without submitting any question in reference to it to a 
vote of the people. To this bill I was opposed, as I did not desire to compel 
a people to come into the Union as a State under a constitution to which they 
were opposed, and under an act of admission which f^ey did not approve. I 
voted for what is called the Crittenden-i\lontgomery amendment to the Senate 
bill, to admit the State under the Lecorapton constitution, if the people approved 
of that instrument, if not, another convention Avas to be called, and another 
constitution to be framed. This bill acknowledged the validity of the Lccomp- 
ton constitution, and made the admission of the State under it dependent upon 
a vote of the people of Kansas, and this bill received the vote of every Repub- 
lican member of the House of Representatives in Congress, and was generally 
sustained by the Republican press of the country. 

I v6ted to adhere to it, but the Senate having asked, as is nsual, when 
legislative bodies disagree, a committee of conference, and that committee 
having reported the bill (which has since passed,) I deemed it to be my duty, 
as a legislator and as a Democrat, to give the bill my hearty support ; and 
that vote I shall at all times be ready to defend. 

What is this bill to which the attention of the country is now so intensely 
directed ? Let us look at it. 

BILL REPORTED BY THE JOINT COvMMITTEE OF CONFERENCE 
On the disagreeing votes between the Senate and House of Rep7-esentatioes upon 

the bill for the admission of Kansas. 

"Whereas the people of the Territory of Kansas did, by a convention of dele- 
gates assembled at Lecompton, on the Vth day of November, one thousand 
eight hundred and fifty-seven, for that purpose, forna for themselves a constitu- 
tion and State government, which constitution is republican; and whereas,, at 
the same time and place, said convention did adopt an ordinance, which said 



ordinance asserts that Kansas, when admitted as a State, will have an un- 
doubted riglit to tax the lands within her limits belonging to the United States, 
and proposes to relinquish said asserted right if certain conditions set forth in 
said ordinance be accepted and agreed to by the Congress of the United 
States ; and whereas the said constitution and ordinance have been presented 
to the Congress of the United States by order of said convention, and admis- 
sion of said Territory into the Union thereon as a State requested; and whereas 
said ordinance is not acceptable to Congress, and it is desirable to ascertain 
whether the people of Kansas concur in the changes in said ordinance here- 
inafter stated, AND DESIRE ADMISSION INTO THE UNION AS A 
STATE AS HEREIN PROPOSED : Therefore, 

Be it enacted, (&c., That the State of Kansas be, and is hereby, admitted into 
the Union on an equal footing with the original States in all respects whatever, 
but upon the fundamental condition precedent, namely: THAT THE QUES 
TION OF ADMISSION with the following proposition in lieu, of the ordi- 
nance framed at Lecorapton, be submitted to a vote of the people of Kansas, 
and assented to by them or a majority of the voters voting at an election to 
be held for that purpose, namely : that the following propositions be, and the 
same are hereby, offered to the people of Kansas for acceptance or rejection, 
Avhich, if accepted, shall be obligatory on the United States and upon the said 
State of Kansas, to wit: First, that sections number sixteen and thirty-six in 
every township of public lands in said State, or where either of said sections or 
any part thereof has been sold or otherwise disposed of, other lands, equivalent 
thereto and as contiguous as ma}^ be, shall be granted to said State for the use 
of schools. Second, that seventy-two sections of land shall be set apart and 
reserved for the support of a State University, to be selected by the governor 
of said State, subject to the approval of the Commissioner of the General Land 
Office, and to be appropriated and applied in such manner as the legislature 
of said State may prescribe for the purpose aforesaid, but for no other purpose. 
Third, that ten entire sections of land, to be selected by the governor. of said 
State, in legal subdivisions, shall be granted to said State for the purpose of • 
completing the public buildings, or for the erection of others at the seat of 
government under the direction of the legislature thereof. Fourth, that all 
salt springs -within said State, not exceeding twelve in number, with six sec- 
tions of land adjoining, or as contiguous as may be to each, shall be granted 
to said State for its use, the same to be selected by the governor thereof, within 
one year after the admission of said State, and, when so selected, to be used 
or disposed of on such terms, conditions, and regulations as the legislature may 
direct: Provided, That no salt spring or land, the right whereof is now vested 
in any individual or individuals, or which may hereafter be confirmed or ad- 
judged to any individual or individuals, shall by this article be granted to said 
State. Fifth, that five per centum of the net proceeds of sales of all the public 
lands lying within said State which shall be sold by Congress after the admis- 
sion of said State into the Union, after deducting all the expenses incident to 
the same, shall be paid to said State for the purpose of making public roads 
and internal improvements, as the legislature shall direct: Provided, The fore- 
going propositions herein oft'ered are on the condition that said State of Kansas 
shall never interfere with the primary disposal of the lands of the United States, 
or with any regulation Avhich Congress may find necessary for securing the title 
in said soil to bona fide purchasers thereof; and that no tax shall be imposed 
on lands belonging to the United States, and that in no case shall non-resi- 
dent proprietors be taxed higher than residents. Sixth, and that said State 
shall never tax the lands or property of the United States in that State. 

At the said election the voting shall be by ballot, and by endorsing on his 
ballot, as each voter may please, "proposition accepted" or "proposition re- 



jected." Should a majority of the votes cast be for "proposition accepted," 
the I'resident of the United States, as soon as the fact is duly made known to 
him, shall announce the same by proclamation ; and thereafter, and without 
any further proceedings on the part of Congress, the admission of the State of 
Kansas into the Union upon an equal footing with the original States, in all 
respects whatever, shall be complete and absolute, and said State shall be en- 
titled to one member in the House of Representatives in the Congress of the 
United States until the next census be taken by the Federal Government ; BUT 
SHOULD A MAJORITY OF THE VOTES CAST BE FOR "I'ROPO- 
SITION REJECTED," FT SHALL BE DEEMED AND HPXD THAT 
THE PEOPLE OF KANSAS DO MOT DESIRE ADJVIISSIOlNr 
INTO THE USSriOM WITH SAID COiS STITUTIOLr UNDER 
tbe conditions set forth in the said proposition; and iu that event the people 
of said Territory are hereby authorized and empowered to form for themselves 
£i constitution and State govei'ument, by the name of the State of Kansas, 
according to the Federal Constitution, and may elect delegates for that pur- 
pose whenever, and not before, it is ascertained, by a census duly and legally 
taken, that the population of said Territory equals or exceeds the ratio of rep- 
resentation required for a member of the House of Representatives of the Con- 
gress of the United States ; and whenever thereafter such delegates shall as- 
semble in convention, they shall first determine by a vote whether it is the 
"wish of the people of the proposed State to be admitted into the Union at that 
time ; and, if so, shall proceed to form a constitution, and take all necessary 
steps for the establishment of a State government in conformity with the Fede- 
ral Constitution, subject to such limitations and restrictions as to the mode 
and manner of its approval or ratification by the people of the proposed State 
as they may have iu'escribed by law, and shall be entitled to admission into 
the Union as a oiate under such constitution thus fairly and legally made, 
"with or without slavery, as said constitution may prescribe. 

Sec. 2. And be it further enacted, That, for the purpose of insuring, as far as 
possible, that the election authorized by this act may be fair and free, the gov- 
ernor. United States district attorney, and secretary of the Territory of Kan- 
sas, and the presiding ofiicers of the two branches of its legislature — namely, 
the president of the council and speaker of the house of representatives — are 
Lereby constituted a board of commissioners to carry into eft'ect the provisions 
of this act, and to use all the means necessary and proper to that end. And 
three of them shall constitute a board; and the board shall have power and 
authority to designate and establish precincts for voting, or to adopt those 
already established; to cause polls to be opened at such places as it may deem 
pi'oper in the respective counties and election precincts of said Territory ; to 
appoint as judges of election, at each of the several places of voting, three 
discreet and respectable persons, any two of whom shall be competent to act; 
to require the sherifi's of the several counties, by themselves or deputies, to 
attend the judges at each of the places of voting, for the purpose of preserv- 
ing peace and good order; or the said board may, instead of said sheriffs and 
their deputies, appoint at their discretion, and in such instances as they may 
choose, other fit })ersons for the same purpose. The election hereby authorized 
shall continue one day only, and shall not be continued later than sundown on 
that day. The said board shall appoint the day ibr holding said election, and 
the said governor shall announce the same by proclamation; and the day shall 
be as early a one as is consistent with due notice thereof to the people of said 
Territory, subject to the provisions of this act. The said board shall have 
full power to prescribe the time, manner, and places of said elections, and to 
direct the time and manner of the returns thereof; which returns shall be made 
to the said board, whose duty it shall be to announce the result by proclama- 



tion, and the said governor shall certify the same to the President of the United 
States without delay. 

Sec. 3. And be it further enacted, That in the election hereby authorized, 
all white male inhabitants of said Territory over the age of twenty-one years, 
who possess ^he qualifications which were required by the laws of said Terri- 
tory, for a legal voter at the last general election for the members of the 
territorial legislature, and none others, shall be allowed to vote; and this shall 
be the only qualification required to entitle the voter to the right of suffrage 
in said elections. And if any person not so qualified shall vote or offer to vote, 
or if any person shall vote more than once at said election, or shall make or 
cause to be made any false, fictitious, or fraudulent returns, or shall alter or 
change any returns of said election, such person shall, upon conviction thereof 
before any court of competent jurisdiction, be kept at hard labor not less than 
six months, and not more than three years. 

Sec. 4. And be it further enacted, That the members of the aforesaid board 
of commissionei's, and all persons appointed by them to carry into ettect the 
provisions of this act, shall, before entering upon their duties, take an oath to 
perform faithfully the duties of their respective offices; and, on failure thereof, 
they shall be liable and subject to the same charges and penalties as are pro- 
vided in like cases under the territorial laws. 

Sec. 5. And be it further enacted, That the officers mentioned in the pre- 
ceding section shall receive for their services the same compensation as is 
given for like services under the territorial laws. 

The constitution made at Lecompton has an ordinance attached to it claim- 
ing the following land grants from the United States : 

"Sec. 1. That sections numbered eight, sixteen, twenty-four, and thirty-six, in every 
township in the State, or in case either of said numbered sections are or shall be other- 
wise disposed of, that other lands, equal thereto in value, and as contiguous as may be, 
shall be granted to the State to be applied exclusively to the support of common schools. 

"Sec. 2. That all salt springs, and gold, silver, copper, lead, or other valuable mines, 
together with the lands necessary for their full occupation and use, shall be granted to 
said State for the use and benefit of said States; and the same shall be used or disposed 
of under such terms and conditions and regulations as the legislature of said State shall 
direct. 

"Sec. 3. That five per centum of the proceeds of the sales of all public lands sold or 
held in trust, or otherwise, lying within the said State, whether sold before or after the 
admission of the State into the Union, after deducting all expenses incidental to the 
same, shall be paid to the said State of Kansas for the purposes following, to wit: two- 
fifths to be disbursed under the direction of the legislature of the State for the purpose 
of aiding the construction of railroads within said State, and the residue for the support 
of common schools. 

"Sec. 4. That seventy-two sections, or two entire townships, shall be designated by 
the President of the United States, which shall be reserved for the use of a seminary of 
learning, and appropriated by the legislature of said State solely to the use of said semi- 
nary. 

"Sec. 5. That each alternate section of land now owned, or which may hereafter be 
acquired by the United States, for twelve miles on each side of a line of railroad to be 
established or located from some point on the northern boundary of the State, leading 
southerly through said State in the direction of the Gulf of Mexico, and on each side of 
a line of railroad to be located and established from some point on the Missouri river, 
westwardly through said State in the direction of the Pacific ocean, shall be reserved 
and conveyed to said State of Kansas for the purpose of aiding in the construction of 
said railroad ; and it shall be the duty of the Congress of the United States, in conjimc- 
tion with the proper authorities of this State, to adopt immediate measures for carrying 
the several provisions herein contained into full effect." 

This bill for the admission of Kansas, proposes to give to the State the same 
amount of land that is usually given to the new States, and nearly the same 
grants that are guaranteed to them in the Kansas-Nebraska act, which is about 
twenty millions of acres less than they modestly claimed. This new land grant 



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is proposed to them in lieu of their inadmissable demand, and the question- of 
admission into the Union, with the proposition of Congress, is to be submitted 
to a vote of the 'people^ and if a majority of the people vote proposition accepted, 
then they shall come into the Union as a State; but if a majority yoXA 'proposition 
rejected^ it shall be deemed and held, that the people of Kansas " do not desire 
admission into the Union with said constitution under the condition set forth 
in said 2)'>'oposition.'" Here is a fair, free, and full submission of the whole 
question in controversy, for the gr^at objection has been that Kansas was to 
be forced into the Union against her consent. If the people do not desire to 
come into the Union with the Lecompton constitution, they have an opportu- 
nity to so express themselves ; if they, on the other hand, desire admission, let 
them so vote, and it will be accomplished. What can be fairer than this? Is 
it not equally as fair, as honest, and as manly as the Crittenden-Montgomery 
proposition, which enacted precisely, word for word, the same land grants, and 
submitted it and the constitution together ? There is no difference, in fact, so 
far in the two propositions. 

The bill as it passed provides that if the people shall reject the constitution, 
then they are authorized to elect delegates to a convention and f6rm a 
constitution, whenever they shall have a population equal to the ratio of re- 
presentation in the House of liepresentatives in Congress. Who can object to 
this rule, for is it not just to the older and larger States. What right has a 
territory with a small population, say forty thousand, to have as much repre- 
sentation upon the tloor of the House of Representatives, as one hundred thou- 
sand citizens of our district, and as much voice in the Senate, as the whole 
State of Ohio, with her two millions of people. 

The Cincinnati platform lays down the rule that Kansas, when her popula- 
tion entitles her, shall be admitted. 

This is a sound Denjocratic sentiment, and the only fair and just mode, and 
will not be departed from hereafter. It is objected that the rule should have 
been applied to Kansas now ; I answer that it has been said by many, that 
Kansas has already the requisite population, or soon will have. 

But the principal reason for submitting the question to them now is, that 
good faith from all the political parties of the country requires it. The Kansas 
controversy was of such an agitating character, that by common consent all 
good citizens desired to see it closed. The Republicans cannot object, for they 
attempted two years since to have it admitted under the Topeka instrument. 
The whole Democratic party, seconded by men in high places, encouraged the 
calling of the convention that framed the constitution, and it is but proper that , 
the people of Kansas should be allowed to decide the question of admission for 
themselves, after they have been thus induced to frame a constitution. No politi- 
cal party can object, for every Senator and Representative in Congress has, in 
some form or other, during the present session voted to receive the State into 
the Union. It is charged that this bill is a bribe to induce them to come into 
the Union, under the Lecompton constitution for if they reject it; the}' may be 
compelled to wait some length of time before they are admitted. Will they 
not be precisely in the same condition as if they had voted down the constitu- 
tion on the 21st of December, or the 4th of January? What assurance would 
they have had that, after all parties had redeemed their pledges, and kept their 
faith. Congress would receive them into the Union, with less than a full repre- 
sentative ratio, with any new constitution they might have adopted? I am not 
aware that Kansas interests will be promoted by a speedy admission; but of one 
thing, I am sure, if the people are op]:)osed to the Lecompton constitution, and 
arc patriots, they will vote it down; if governed by other motives, they are en- 
titled to no sympathy. 

The details of the bill, as to the manner of elections, are precisely similar to 



the Crittenden-Montgomery amendment, except one additional member of the 
board, (the district attornej^,) and most certainly this cannot be an objection, 
as without an additional member, the board might have been equally divided 
and unable therefrom to carry out the provisions of the bill. The question 
of slavery does not enter into the controversy, for that has, in fact, long since 
been settled. The climate, soil, productions, the feelings, tastes, and habits ot 
the people are against it. No sane man. North or South, believes for a 
moment that the institution of slavery can ever exist in Kansas, and the attempt 
now being made to create an excitement upon the subject is almost too con- 
temptible to answer. The charge that the power ot the South controls public 
affairs is untrue; for there are now in the Union seventeen free States, (and 
another asking admission,) and the sterotyped argument of fanatical demagogues 
on that subject is forever silenced. Minnesota has just been admitted into the 
Union as a free State, and Southern Democrats cheerfully voted for its admis- 
sion. The South asks but her constitutional rights, and the Democracy always 
does exact justice to every section of the Republic. 

This bill secures to the people of Kansas all their political rights ; they are 
not compelled to come into the Union against their consent; they are not re- 
quired to live under a constitution which they abhor; the popular voice is to 
be consulted, and to them at the ballot-box is committed the arbitrament of 
the whole question. The question of admission with the constitution is fairly 
submitted, and there is no difference between submittin^he question of admis- 
sion with the constitution, and the constitution and adn^ion. The substance 
of everything that has been claimed in their behalf is granted, and the sovereign 
people can now decide for themselves. 

I have thus briefly, fellow-citizens, given a history of this Kansas question, 
and some of the reasons that induced me to cast my vote in favor of the con- 
ference bill. While I was determined to see justice done to the people of 
Kansas, and to see that no principle of Democracy was violated, I am not 
aware of any reason that recommends their political conduct to particular 
favor. They have been factious and disorderly, and their intestine broils, en- 
couraged by demagogues from without as well as within, have engendered a 
bad spirit between different sections of the country, fomented bitter strife 
between men of the same section, and greatly hazarded the peace and welfare 
of the Union. It is full time that it was done. 

The Democratic party is in full posession of the Government, and to that 
party the people looked for a settlement of this vexed and agitating question. 

I freely admit that I would make any honorable concession that does not 
violate a principle, to adjust differences among my political friends, and pre- 
serve the union and harmony of that old Democratic organization that is the 
last hope of the country. If this conference bill had not passed, that Demo- 
cratic party which has settled upon a firm basis every political question that 
has occupied the attention of the American people since the organization of 
the Government — that Democratic party that has secured to us the territories of 
Louisiana, Texas, Florida, New Mexico, and California — that Democratic party 
that has more than doubled the area of the Republic, and given vitality to all our 
political institutions, and under whose administration we have become the first 
nation of the world, would unquestionably have lost the confidence and respect 
of the people. It would have been strange, indeed, that a political organiza- 
tion as old as the Government, that had settled satisfactorily all great ques- 
tions, had at last foundered upon the simple question of admitting a State into 
the Union. In the bill that has been passed no injnstice has been done — the 
great principle of popular sovereignty has been vindicated, and thfe Democratic 
party preserved. 

In conclusion, I desire you, my Democratic fellow-citizens, whose political 



LIBKRKY Of- CONURESiJ 



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016 089 530 5 



confidence I am proud to enjoy, to examine this whole Kansas question calmly 
and dispassionately, with all the train of circumstances by which it has been 
surrounded, its effect upon the Democratic party and the country, and wben 
you have done so I feel confident that there is not one Democrat in the Sixth 
Congressional District who will desert the Democratic colors, and march under 
the banners of the enemy. I feel confident, that gallant-hearted Democracy, 
who in the campaign of 1856 redeemed the district, will not now, in the hour 
of peril, supinely surrender to that spirit of fanaticism, led on by men whoso 
sworn object is the destruction of the Democracy. For myself, 1 was born in 
the Democratic party, I have always adhered to it, in victory or defeat, and 
feel that I have done my duty, and have, therefore, no apologies to otfer for 
having, upon the final disposition of an important question, voted with my 
political friends. 

I therefore cheerfully submit to your judgment, willing, upon the position 
which I have taken as a Democrat, either to stand or fall. 

J. R. COCKERILL. 

Washington, 3fay 15, 1858. 



Priuted by Lemuel Towers. 



